Allahabad High Court
Shiv Shankar Rajbhar @ Melhu vs State Of U.P. on 10 July, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8654 of 2019 Applicant :- Shiv Shankar Rajbhar @ Melhu Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Srivastava,Pankaj Kumar Rai,Vinod Kumar Singh Kushwaha,Pankaj Rai Counsel for Opposite Party :- G.A.,Pankaj Kumar Rai,Ram Manohar Kashyap Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 86 of 2018, under Sections 376, 354, 506 of I.P.C. and Section 3/4 of POCSO Act, Police Station - Shadiyabad, District - Ghazipur.
As per prosecution version, the applicant committed rape on the prosecutrix, aged about 15 years several times by threatening her. Marriage of the prosecutrix was fixed. The applicant informed the person with whom marriage of the prosecutrix was fixed, about his love and affair with the prosecutrix, due to which marriage of the prosecutrix was dissolved.
Learned counsel for the applicant contended that the prosecutrix is major. She admitted in her statement under Section 164 of Cr.P.C. that she was in love and affair with the applicant. Due to compulsion of her parents, she has made false allegation of rape against the applicant, in her statement under Section 164 of Cr.P.C. He further contended that the applicant is not a history-sheeter and is languishing in jail since 22.07.2018.
Per contra, learned counsel for the informant and A.G.A. opposed the prayer for bail and submitted that as per high school certificate of the prosecutrix, her date of birth is 15.06.2003. Accordingly, she is minor and offence is made out against the applicant.
All the epiphysis of the wrist of the prosecutrix were fused. As per medical report, the prosecutrix is above 18 years of age. The prosecutrix in her statement under Section 164 of Cr.P.C. admitted that she was in love and affair with the applicant.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Shiv Shankar Rajbhar alias Melhu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned.
Application stands allowed with the condition that the applicant shall not attempt to meet the prosecutrix till the date when she attains her majority i.e. 15.06.2021.
It is, however, clarified that in case of breach of the aforesaid condition, the court below shall be at liberty to cancel the bail granted to the applicant by this Court.
Order Date :- 10.7.2019 I. Batabyal